Goods and services (Directive 2004/113)

AuthorNathalie Wuiame
9 Goods and services (Directive 2004/113)91
9.1 General (legal) context
9.1.1 Surveys and reports about the difficulties linked to equal access t o and supply of
goods and services
Nothing to report.
9.1.2 Specific problems of discrimination in the online environment/digital
market/collaborative economy
There is absolutely no relevant literature to mention, nor case law or complaints relating
to gender discrimination in the collaborative economy.
The only measures adopted until now to regulate the collaborative economy are of a fiscal
nature. However, access to and provision of goods and services fall within the material
scope of the Gender Act of 10 May 2007, and any person involved in such activities is liable
under the act. So, hypothetically, if for instance, provider A makes himself known to
platform B as a car driver, but only for women, and if B takes heed of such restriction,
potential user C, a man, might complain of gender discrimination against A as well as B -
in so far as he ever knew he had been a victim.
9.1.3 Political and societal debate
Bianca Debaets, the Secretary of State for Equal Opportunities of the Brussels Region, and
Wheel of Care - a group of nurses and midwives offering home care - launched a campaign
on breastfeeding in public in 2018. About 20 bars and restaurants now display a sticker on
their windows indicating that young mothers are welcome to breastfeed their children on
their premises. In addition to these stickers, the business will also offer a cushion to
facilitate breastfeeding and a changing table. All Brussels socio-cultural centres are also
'breast feeding friendly'.
9.2 Prohibition of direct and indirect discrimination
National law prohibits direct and indirect discrimin ation on the ground of sex in access to,
and the supply of, goods and services. The horizontal prohibition of discrimination is laid
down in Article 19 of the Gender Act of 10 May 2007. Under Article 8, the prohibition is
applicable to access to goods and services, a notion defined in Article 6(1)(1).
9.3 Material scope
The material scope of national law relating to access to goods and services is broader than
specified in Directive 2004/113, as Article 6(1)(1) does not exclude the content of media,
advertising and education from the material scope of the Gender Act of 10 May 2007.
9.4 Exceptions
National law has not applied the exceptions from the material scope, regarding the content
of media, advertising and education, given the lack of the adoption of an ancillary royal
decree required by Article 4(5) of the Gender Act (see Section 9.5 below).
91 See e.g. Caracciolo di Torella, E. and McLellan, B. (2018), Gender equality and the collaborative economy,
European network of legal experts in gender equality and non-discrimination, available at

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT